AVOIDING LIABILITY BLOG

Mental Illness, Guns and Dangerous Patients

It seems that every time there is a mass shooting event, followed by an outcry for gun control legislation (and school safety), there [...]

Causation an Essential Element of Professional Negligence Suit

You may recall from previous Bulletins that there are four essential elements of professional negligence that must be proven by the [...]

Personal Trainers Take Note: Screening Standards Have Changed

In late 2015, we reminded personal trainers and other fitness professionals of their obligation to screen clients for activity prior to [...]

Mandatory Reporting, Confidentiality When Communicating With Other Health Care Professionals and Access to Records vs. Subpoena for Records

Most licensed mental health practitioners are aware of their duty to report knowledge or reasonable suspicion of child abuse, elder [...]

When It Comes To Patient Safety, Don’t Overlook The Basics

Patient safety is a never-ending legal obligation for you, regardless of your role in the delivery of patient care. One aspect of [...]

Are Monthly Equipment Inspections Sufficient?

In a relatively recent case from Wisconsin, a trial court and then an appeals court were faced with determining whether or not a [...]

Patient Suicide and Death by Rational End-Of-Life Decision

While a patient’s suicide and a patient’s rational and legally supportable decision to end his/her life both result in the death of the [...]

Nursing Assistant’s Conduct Found To Be Criminal

Nurse Assistants are often utilized in health care facilities, especially in long-term care.  Most often, they are a valuable member of [...]

Can Fitness Facilities Be Liable for Defective Equipment Injuries?

In a recent and interesting case from New Jersey, an appeals court reviewed a trial court’s decision in a fitness equipment injury [...]

Contact with Patients Between Sessions Curtailed in California: A Dangerous Precedent

At the beginning of the professional relationship between psychotherapist and patient it is important for practitioners to think about [...]

Nursing Staff’s Professional Negligence Causes Death of Patient

Lloyd Thomas, seventy-one, underwent bypass surgery and was hospitalized for eighty-four days after the surgery due to complications.  [...]

What is Sexual Harassment and Avoiding it in Fitness Facilities

Sexual harassment is in the news.  Allegations of inappropriate and unlawful conduct based upon sexual conduct currently permeate [...]

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